This End-User License Agreement ("License") is a legal agreement between you and FMM Plus, LLC ("FMM Plus") for the FMM Plus web and mobile software application, which includes computer software and may include associated media, and "online" or electronic documentation ("APPLICATION"). By accessing or otherwise using the APPLICATION, you agree to be bound by the terms of this License.
This License grants you the following rights which shall apply during any trial period as well as the entire time period under which you are a subscribed End User:
The end user (you) or entities that decide to use the APPLICATION do not have to purchase a license. This may change, and by doing so, this license agreement will be edited to reflect such changes.
All title and intellectual property rights in and to the APPLICATION (including but not limited to any images, photographs, and text), the accompanying printed materials, and any copies of the APPLICATION are owned by FMM Plus. All title and intellectual property rights in and to the content and the trademarks and service marks incorporated therewith which may be accessed through use of the APPLICATION are the property of the respective owners and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. This License grants you no rights to use such content and trademarks. All rights not expressly granted are reserved by FMM Plus.
If you are using the APPLICATION on behalf of any unit or agency of the United States Government, then you accept any license granted hereunder with limited rights data and restricted rights software as those terms are defined in Section 27.4 of the Federal Acquisition Regulation and any applicable agency supplements thereto.
You represent that entering into this license Agreement with FMM Plus will not violate any applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations. You further represent that you are not currently debarred, suspended or otherwise prohibited or restricted from exporting, re-exporting, receiving, purchasing, processing or otherwise obtaining any item, product, article, commodity, software or technology regulated by any agency of the United States. Unless authorized by U.S. regulation or Export License, you will not export or re-export, directly or indirectly, any software or technology received from FMM Plus, or allow the direct product thereof to be exported or re-exported, directly or indirectly, to (a) any country in Country Group E:2 of the Export Administration Regulations of the Department of Commerce (currently Libya and Cuba or any other country subject to sanctions administered by the Office of Foreign Assets Control (currently Iran, Iraq, Sudan, Syria, and the Taliban controlled areas of Afghanistan); or (b) any non-civil (i.e. military) end-users or for any non-civil end-users in any country in Country Group D: 1 of the Export Administration Regulations (currently Albania, Armenia, Azerbaijan, Belarus, Bulgaria, China (PRC), Cambodia, Estonia, Georgia, Kazakhstan, North Korea, Kyrgystan, Laos, Latvia, Lithuania, Macau, Moldova, Mongolia, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam). You further agree to be bound by any future modifications of the foregoing list of restricted destinations by amendments to the U.S. Export Administration Regulations or other U.S. government agencies. You agree to indemnify and hold harmless FMM Plus from any costs, penalties or other losses caused by, or related to, any violation or breach of this provision.
This License sets forth the entire agreement, and supersedes any and all prior agreements between the parties regarding the subject matter hereof. No amendment of any provision of this License shall be effective unless set forth in a written instrument signed by the party to be bound thereby. Nothing contained in any purchase order or other document submitted by you shall in any way modify the terms of this License, unless there is a written agreement between FMM Plus and you that specifically designates the scope of any modifications. Your rights hereunder may not be assigned or transferred, nor your obligations delegated, in whole or in part without the prior written consent of FMM Plus. Written consent will not be unreasonably withheld. Any attempt to so assign, transfer or delegate such rights or obligations shall be voidable at FMM Plus option and shall be cause for FMM Plus to terminate this License and make Login credentials inactive. In the event of any action to enforce this License, for interpretation or construction of this License or on account of any breach of or default under this License, the prevailing party in such action shall be entitled to recover, in addition to all other relief, from the other party all reasonable costs and attorneys' fees incurred by the prevailing party in connection with such action (including, but not limited to, any appeal thereof). This License shall be interpreted, construed and enforced in all respects in accordance with the laws of the United States. .
Should you have any questions concerning this License, or if you desire to contact FMM Plus for any reason, please contact FMM Plus at email@example.com